Case law
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Division and case type: CivilCivil Appeal
…An application to strike out the petition as being incompetent, was dismissed by the Election Court and a Notice of Appeal against this dismissal was filed in this Court.…
…On the instructions of Mr Matiba, the appellant who was acting for him in his election petition, unsuccessfully moved this Court in Misc Application No 241 of 1993, to strike out the Notice of Appeal.…
Division and case type: CivilCivil Appeal
…...................RESPONDENT (Appeal from the High Court at Nairobi, Sachdeva J) JUDGMENT OF HANCOX JA This appeal arises from a decision of Sachdeva J, on an application by chamber summons dated September 12, 1983, to strike…
…Consequently he acceded to the application to strike out the petition with costs, and ordered that it be expunged from the register of winding up proceedings.…
Division and case type: CivilCivil Case
…I accordingly strike out the defence filed by the 1st Defendant, and now enter summary judgment fro the Plaintiffs against the 1st Defendant as prayed in the plaint.…
Division and case type: CivilCivil Appli
…Gikandisays I should strike it out, but, it would appear now that therigidity of those pronouncements in the quoted cases here havebeen ameliorated by the Court of Appeal in recent decision inthe East African Packaging Industries…
…I would decline to strike theparagraphs leave alone the whole affidavit off as Mr. Gikandi has urged. The last and , more important issue is whether theapplicant has made a case for stay.…
Division and case type: CivilCivil Case
…particularly grounds 5 an 6 of the proposed memorandum of appeal which state: “It was wrong in principle to have set aside the dismissal when a fresh action was already barred by limitation, and the policy of the Courts, being to strike…
Division and case type: CivilCivil Appeal
…The second respondent, led a notice of motion seeking to strike out the petition on the similar ground that it had not been signed by the petitioner in accordance with the provisions of rule 4 of the National Assembly Elections…
…The respondent (petitioner) sought to strike out the notice of appeal in his Civil Application No Nai 241 of 1993.…
Division and case type: CivilCivil Appeal
…That does not strike me as unreasonable. But such a course was disapproved by high judicial authority. In Lim v Camden Health Authority [1980] AC 174 to which Mr..…